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PROPOSAL:

Status Report on Best Available Control Technology Guidelines

SYNOPSIS:

The BACT Guidelines are being revised to reflect present Governing Board policies and current federal and state laws. Part A explains the process for determining BACT requirements. Part B includes BACT determination listings for internal combustion engines, spray booths, and other permitted equipment.

COMMITTEE:

Stationary Source Committee, May 21, 1999, Reviewed

Home Rule Advisory Group, May 27, 1999, Reviewed

RECOMMENDED ACTION:

Receive and file.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

AQMD's New Source Review regulations require applicants to use Best Available Control Technology (BACT) for new sources, relocated sources, and for modifications that increase emissions. Regulation XIII - New Source Review also requires the Executive Officer to periodically publish BACT Guidelines for commonly permitted equipment. On December 11, 1998, the Governing Board approved a new format, process, and procedures for updating the AQMD BACT Guidelines. The Board also directed staff to report back on progress made, on a quarterly basis.

Staff has substantially revised Part A - Policy and Procedures, of the BACT Guidelines. Furthermore, staff has added new BACT listings to Part B of the BACT Guidelines. All of this work has been in coordination with the Scientific Review Committee (SRC), whose membership includes industry, environmental groups, CARB, and U.S. EPA.

Part A - Policy and Procedures

Part A of the BACT Guidelines contains the policies and procedures for determining BACT. It was last published in September 1995 and is currently out-of-date. It is intended to serve both as a user’s guide and an introduction to Part B of the BACT Guidelines.

This document is comprised of five chapters that start with a brief introduction and history of AQMD BACT and answers the following important questions:

• When is BACT Required?
• What is BACT?
• How to Use Part B of the BACT Guidelines?

Part A first identifies the air pollutants and permit actions that require BACT review pursuant to AQMD rules and regulations. This includes an explanation of the calculation procedures for emission increase. Next, it explains the definitions of BACT and the criteria for BACT determination for the benefit of both permit applicants and AQMD staff. The improved process for updating the BACT Guidelines after public review and consultation is outlined. This is followed by guidance on how to use Part B of the BACT Guidelines, which includes examples of permitted equipment and other technologies that have achieved emission rates that were considered BACT for those applications. The last and final chapter of this document explains how to review AQMD staff findings with management, the BACT Review Committee, and the Hearing Board in cases of disagreements on specific permitting BACT determinations.

The attached Part A of the BACT Guidelines differs from the previous document published in 1995 as follows:

• It clarifies that AQMD BACT must be as stringent as federal LAER, which does not, in general, include consideration of cost-effectiveness.
• The "Clean Air Stars" Incentives Program that gave BACT equipment manufacturers a two-year guaranteed period to market their equipment is eliminated to comply with LAER requirements.
• The BACT Review Committee composition is changed to reflect the current AQMD senior staff, who will meet and review permit applications upon the applicant’s request.
• It clarifies that LAER is determined at the time the permit to construct is issued for all major sources or any sources subject to public noticing requirements. For non-major sources, non-Title V sources, and sources not subject to public noticing requirements, AQMD determines BACT on the basis of technologies that are achieved in practice at the time the permit application is deemed complete.
• It includes a new public review process, whereby staff will provide a 30-day public review period for the Scientific Review Committee and other interested persons to review new and more stringent BACT determinations, subject to the restrictions of the Permit Streamlining Act under state law.

Part B - BACT Determinations

The following examples are being added to the existing BACT Guidelines Part B for providing information to applicants and permitting staff.

Section 1 - AQMD BACT Determinations

Attached are seven additional BACT listings for spray booths that were issued permits by the AQMD. These examples provide information on the use of add-on control technologies to reduce spray booth emissions of VOCs.

Section 2 - Non-AQMD LAER/BACT Determinations

Attached is information regarding three lean-burn, low-NOx, natural gas-fired engines in New Jersey equipped with selective catalytic reduction for NOx control.

Section 3 – Other Technologies

Attached are BACT listings that are examples of process modifications rather than add-on control technology. One uses a non-VOC blowing agent for expanded polystyrene sheet extrusions; the other uses near-zero VOC, ultraviolet light-cured coatings on flat wood furniture parts.

Work In Progress

The AQMD Home Rule Advisory Group and staff have met with U.S. EPA officials on several occasion to discuss U.S. EPA’s LAER implementation policy and it’s impact on AQMD’s BACT determination. The topics of discussion have included (i) cost considerations in LAER determinations; (ii) applicability of LAER to relocations of existing businesses; (iii) criteria for new technologies to be considered achieved-in-practice LAER; and (iv) public process for updating and enhancing U.S. EPA RACT/ BACT/LAER Clearinghouse. Although such discussions have not yet been concluded, they may lead to changes in U.S. EPA’s present policy regarding LAER or the national NSR rules which are currently in the process of being revised. AQMD staff will propose appropriate changes to the AQMD BACT Guidelines at the conclusion or completion of the process outlined above.

Conclusion

Staff sincerely extends its appreciation to SRC members and others who assisted in updating the BACT Guidelines. In particular, the commitment of past and present continuing SRC members in the development and review of the attached information is much appreciated. The information in this package is available at the AQMD website at http://www.aqmd.gov/bact.

Attachments

Part A - Policy and Procedures

Part B - BACT Listings

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